The huge disparity between the remuneration of the lowest paid magistrate versus that of the lowest paid judge caused raised eyebrows in a meeting of the Portfolio Committee on Justice and Constitutional Development yesterday, where the committee received a briefing from the Department of Justice and Constitutional Development on draft notices on the determination of the remuneration of judges and magistrates and a briefing by the Judges Association of South Africa on draft notice on the determination of salaries of judges.
The committee heard that the difference in the salary is around R1 million per annum. The committee approved the draft notice regarding the remuneration for judges, magistrates, and other public office bearers (POB) but not before interrogating the way forward in narrowing this gap. Several members of the committee suggested that a single judiciary could address the disparities.
The Chairperson of the committee, Mr Xola Nqola, said the committee considered the matters as per the draft notice. He said: “We held extensive deliberations and gave thoughtful consideration to the matters before it and even those matters we are only aware of but are not before us, like the letter from the former Chief Justice to President Cyril Ramaphosa. At this stage, with the correspondence before the committee, we resolved to approve the remuneration increases.”
Mr Nqola said the draft notice includes an increase in remuneration for judges, magistrates, the South African Human Rights Commission (SAHRC) and the Public Protector of South Africa (PP).
According to the notice, the President made a determination of a 3% increase for judges, magistrates, SAHRC and the PP for the 2023/24 financial year. He further determined an increase of 2.5% for judges, SAHRC and the PP for the 2024/25 financial year, and a 4.7% increase for magistrates.
Committee Member Adv Busisiwe Mkhwebane said the difference in remuneration could be addressed by having a single judiciary. Another Member, Mr Oscar Mathafa, said that as the Chief Justice’s correspondence was addressed to the President and merely for the committee to note, it should not impact the committee’s work at this time and a decision on whether to approve the draft notice on the remuneration should not be delayed.
“The committee made it clear that South Africa needs to move towards a single judiciary, which in turn will also assist with challenges regarding a difference in the remuneration between the salaries of magistrates and judges,” emphasised Mr Nqola.
Rajaa Azzakani
5 September 2024
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